The Brazilian guide on good regulatory practices

• Autor(a) principal: Inmetro, Instituto Nacional de Metrologia, Qualidade e Tecnologia
• Data de Publicação: 2007
• Outros Autores: Sinmetro, Sistema Nacional de Metrologia, Normalização e Qualidade Industrial, Conmetro, Conselho Nacional de Metrologia, Normalização e Qualidade Industrial, CBR, Comitê Brasileiro de Regulamentação
• Tipo de documento: Livro
• Idioma: eng
• Título da fonte: Repositório Institucional do INMETRO
• Texto Completo: http://hdl.handle.net/10926/1332

The regulatory activity and, particularly, technical regulations, have been adopted intensely and become increasingly sophisticated in the past few years. New approaches have been adopted to ensure its transparency, its impact assessment– which a few studies estimate at around 2% to 3% of the Gross Domestic Product (GDP), in Brazil –, and to potentialize its efficacious implementation. Good regulations, implemented in a flexible, consistent, coherent manner, one that is proportional to the intended legitimate objectives, is an important tool to promote the development and the progress of the society as a whole. In this regard, the adoption of good regulation practices allows benefits on its implementation, so as the Government efficaciousness and efficiency in fulfilling its legitimate objectives. In addition promotes the citizenship, economical progress and minimizing the technical regulation effects on environmental, social and economical field. Therefore, several international bodies have been undertaking studies on good regulatory practices. Besides, multilateral and bilateral agreements have been affecting the way technical regulations are established. In Brazil, as a signatory country of several of these agreements, the regulatory authorities have their own technical regulation cultures and traditions, which competence to prepare such regulations is established by specific legislation. Therefore, a multiplicity of approaches and manners of establishing the Brazilian technical regulation suggests the need to adopt guidance and recommendations, promoting the aligning and systematizing their development, adoption, and implementation process, consolidating these agencies’ experience and incorporate to this activity the recent developments occurred in the domestic and international scenarios. This is of the utmost importance, considering the global scenario, the economical blocks and external market penetration, which already postulates, inexorably, industrial and foreign trade policies worldwide, the recognition of conformity assessment processes, including the competence certification of services, processes, and personnel involved, whose consecution is supported by the regulation applied to them. Therefore, it is indispensable to consolidate international economic insertion to trade players. In effect, the developed markets do not recognize the quality of a product unless the services, processes, and personnel involved are certified and also comply with prescriptions of conformity to a standard or regulation. Therefore, it is indispensible for the Brazilian industrial and foreign trade development policy that regulations applied to products, services, processes and personnel are align with international practices, facilitating their recognition and acceptance in different markets. In this regard, the Conmetro – the National Metrology, Standardization, and Industrial Quality Council –, decided to publish the Brazilian Guide on Good Regulatory Practices, which was prepared by the CBR – the Brazilian Regulatory Committee, the Council’s advisory body, composed by several central regulatory authorities and other State bodies, in addition to the ABNT – the Brazilian Technical Standards Association. The Guide, which provides guidance for the process of preparing, adopting, and implementing technical regulations, seeks to potentialize, these benefits: a) To facilitate the implementation of international, multilateral, regional and bilateral agreements, considering the Brazilian signatory position, aligning with the international regulatory practices; b) To contribute on the promotion of a major integration among Brazilian regulatory authorities; c) To contribute to harmonization, consistency and coherence in regulatory practices adopted by Brazilian authorities; d) To contribute to improvement and incentive of technical standards adoption in the elaboration process of technical regulations; e) To contribute to the international recognition of conformity assessment practices adopted in Brazil; and f) To act as an effective instrument for Brazilian industrial and foreign trade polices, promoting the innovation, the social, economical and technological development of Brazil, therefore, facilitating the its international insertion. Likewise, this Guide’s content is expected to offer subsidies to the Brazilian central and local legislation development, particularly with regard to its unfolding into technical regulations.